KAKATIYA MEDICAL COLLEGE Vs. A RAJAIAH

JUDGEMENT

(1.) RESPONDENTS 1 to 11 (for short 'the Respondents') were employed as sweepers, watchmen, scavengers and office boys etc., on various dates ranging from 01.06.1971 to 15.02.1990, to work in the Men's Hostel of Kakatiya Medical College, Warangal, the Petitioner herein. They were being paid salary on daily wages, once in a month. The College was initially established by a Society, but was later on taken over by the Government of Andhra Pradesh.

(2.) THE A.P. State Legislature enacted the A.P. (Regularization of Appointments to Public Services and Rationalization of Staff Pattern and Pay Structure) Act 1994 (for short 'the Act'), prohibiting regularization of services of temporary or daily wage employees, to reduce the burden on the exchequer. This was preceded by an Ordinance. The Ordinance and thereafter the Act were challenged in various proceedings. At one stage of the proceedings, the Government appears to have assured the Supreme Court that it would evolve a scheme to protect the interests of the employees, who have been working for a considerable period, on temporary or ad hoc basis. It was in this context that the Government issued G.O. Ms. No. 212 Finance and Planning (FW.PC.III), dated 22.04.1994 (for short 'the G.O.') providing for regularization of daily wage and NMR employees, subject to certain conditions.

(3.) RESPONDENTS approached this Court by filing W.P. No. 18527 of 1994 with a prayer to extend the benefit of the G.O., to them. The writ petition was disposed of on 28.02.2006, directing the Government of A.P. in its Finance and Planning Department, to examine the matter for exercise of jurisdiction under Section 10 of the Industrial District Act, 1947 (for short 'the I.D. Act') for making reference to the Labour Court, in relation to the dispute between the Respondents and the Petitioner. In pursuance of the said order, the Petitioner has also taken up the matter with the Government, which, in turn, issued G.O. Rt. No. 793, dated 10.04.2007, making a reference to the Labour Court, Warangal, to decide whether the action of the Petitioner in not extending the benefit of the G.O. is justified and if not, to what relief the workmen are entitled.